PROPOSED INTERIOR OF CITIBANK N.A by NvDEAf4

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									                  SKETCHES – The Design Workshop
               ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS


      PROPOSED OFFICE INTERIOR AND ALLIED WORK
                         FOR
                      UCO BANK
                          AT,
                     MIRA ROAD.
      INTERIOR, CIVIL FINISHES, POP RENDERING AND CEILING WORK,
             FIXED FURNITURE , AND MISCELLANEOUS WORK

                               TENDER NOTICE

01.    Sealed tenders are hereby invited on behalf of UCO BANK fo r the interior
       work of their proposed BRANCH at MIRA ROAD.

02.    The work is to be completed within 3 w eek’s time from the date of issue
       of works order.

03.    Tender documents and set of drawings consisting of complete
       specification, schedule of quantities and the set of conditions of contract
       to be complied with, shall be obtained on non refun dable Tender f ees
       payment [by Cheque or Cash payable to SKETCHES] of Rs. 1,000/-
       [Rupees One Thousand only] towards the cost of the tender from the
       office of SKETCHES - The Design Workshop, ‘Malhar ’, Plot No.26,
       Scheme No.6, Lane No.1, Opp. Sion Fort Garden, Sion (E), Mumbai -22.

04.    The tender should be placed in a sealed cover subscribed with the name of
       the proj ect and delivered in the Office of UCO Bank, Regional
       Office,Mafatlal Centre, 2 n d Floor, Nariman Point, Mumbai 21 bef ore 3.00
       PM on 4 t h March,2010.

05.    Tender documents as well as the drawings shall be returned to this office
       on or before the last date of submission even if the contractor does not
       wish to quot e for the proj ect.

06.    The tenderers shall, at the time of handing in his Tender, deposit with the
       Designer an earnest money deposit of Rs.10,000/- by way of a demand
       draft in favour of UCO Bank, Mumbai [in a separate envelope], as a
       guarantee of good fai th for the proper execution of the work, and which
       shall not bear any interest. This amount shall be forfeited in the event of
       any evasion, refusal or delay on the part of the contractor to sign and
       execute the contract, in case his tender is accepted. The earnest money
       deposit will be returned to the contractor on non -acceptance of the tender
       without any interest there on.

07.    The Employer / Designer reserve their right to accept or rej ect any or all
       the tenders in part or full without assigning any reaso n therefor.

08.    Any tender which does not fulfil any of the prescribed conditions may be
       rej ected without assigning any reason for the same.
                 SKETCHES – The Design Workshop
               ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS


09.   This notice shall form part of the contract.




For    SKETCHES – The Design Workshop.



       Ar. Ketan Tamhane .
       (Partner)
                    SKETCHES – The Design Workshop
              ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS


             ITEM RATE TENDER FOR INTERIOR WORKS
                    LETTER OF UNDERTAKING

     To,
     SKETCHES – The Design Workshop.
     Architects , Planners & Interior Designers,
     ‘Malhar ’ Plot no. 26, scheme no. 6 , Lane no. 1
     Sion (E).
     Mumbai – 400 022.


     Dear Sir ’s,

     Having examined the instruction for Tenders. General Conditions of
     Contract, Special Conditions of the contract, bills of quantities and
     drawings for the finishing work specified in the under written
     memorandum, and having visited and inspected the site of the works, we
     the undersigned, offer to construct, complete and maintain the whole of
     the said works in conformity with the said general conditions of contract,
     special conditions of contract, specification, bills of quanti ties and
     drawings.

                              MEMORANDUM

a. General Description                 : Total Interior work including Interior
                                       civil finishes, POP rendering, ceiling,
                                       fixed furniture and Miscellaneous
                                       works. For the proposed MIRA ROAD
                                       Branch – UCO BANK.

b. Earnest Money                       : Rs. 10,000/- by Demand Draft
                                         [payable in Mumbai].


c. Time allowed for works              : 3 w eeks (including monsoon periods ,
                                       Sundays and holidays) from the date of
                                       LOI. The period mentioned above m ay
                                       be changed after detailed time schedule
                                       is worked out.

d. Period for commencement from        : 3 days
   The date of LOI

e.   Amount of liquidated damages      : 0.5% per day of delay or part
                                       thereof.     Max. up to 5% of the
                                       contract amount at the designer ’s
                                       discretion.

f.   Period of maintenance             : 06 months after completion of works.
                  SKETCHES – The Design Workshop
                ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS


 g.   Retention percentage               : 08% For Period of 6 months after
                                         completion of work.

 h. Electricity charges                  : Electricity will be supplied free of
                                         charge at one specific point by the
                                         owner.

 i.   Payment                            : Payment against interim bills – 15
                                         days (after clearance from site).
                                         Payment against final bill – 60 days
                                         (after final handover).



NOTE:

1.    Advance up to 20 % shall be paid to the contractor on furnishing an
      acceptable bank guarantee for similar sum.

2.    We understand that if our tender is accepted the priced bill of quantities
      will constitute part of the contract only in respect of the description of
      work and rates contained therein.

3.    We undertake, if our tender is accepted, to commence the works or the
      part thereof, which constitutes the subj ect of our tender within the period
      stated in the memorandum.

4.    We undertake, if our tender is accepted, to complete the whole of the
      works or the part thereof which constitute the subj ect of our tender within
      the period stated in the memorandum.

5.    We agree to abide by this tender for a period of 60 days from the date
      fixed for receiving of the same and it shall remain binding on us and may
      be accepted at any time before the expiration of that period or any
      additional period agreed by us in writing.

6.    Unless and until a formal agreement is prepared and executed, this tender
      together with the Employer's wri tten acceptance thereof, subj ect to our
      tender being accepted within the aforesaid 60 days period or extended
      period agreed by us in writing shall constitute a binding contract between
      us and shall be deemed for all purposes to be the contract agreements.

7.    We agree that the sum of earnest money, in the form of demand draft
      submitted herewith, shall be forfeited to the Employer without prej udice
      to any other rights or remedies of the employer should we withdraw our
      tender during the period of validity sta ted in clause 5 hereof or if our
      tender is accepted should we fail to commence the works within the period
      stipulated in our tender.

8.    We agree that you are not bound to accept the lowest or any of the tenders
      that you may receive or to assign any reason s for such rej ection.
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Signature .................................................... Date ………......………....

In the capacity of ...............................................................................

Duly authorised to sign tenders for a nd behalf of .......…......................….

..........................................…..........................................................

Registered address / Tel nos.
of firm .......................................................... .........

...............................................................................................................


Signatur e o f Witness .................................................….............................

Ad d r ess o f Witne ss ....................................................................................
                SKETCHES – The Design Workshop
              ARCHIT ECT S,PLANNERS & INT ERIO R DESIG NERS


                GENERAL CONDITIONS OF CONTRACT


1.0    DEFINITIONS.

1.1   In the contract (as hereinbefore defined) the f ollowing words and
      expressions shall have the meanings hereby assigned to them except where
      the contract otherwise requires:

  a. "Employer" means UCO BANK who has called for tenders to build or
     construct, erect or deliver the works and who will employ th e contractor
     and the legal successors in title to the Employer.

  b. "Employer's Representative " means person or persons, firm or company
     appointed from time to time by the Employer to act as his representative
     for purpose of the contract and notified in writing to the contractors and
     includes changes in their appointment made by the Employer and so
     notified.

  c. "Designer" means SKETCHES – The Design Workshop. [STDW ],
     interior design consultants appointed by the Employer and notified in
     writing to the co ntractor to act as designer for purpose of the contract and
     includes any changes in appointment made by Employer and so notified.

  d. "Designer's Representative " means any resident designer or assistants of
     the designer or any clerk-of-works appointed fro m time-to-time by the
     employer or the designer to perform the duties set forth in clause 2 hereof
     whose authority shall be notified in writing to the contractor by the
     designer.

  e. "Contractor" means the person, firm or company whose tender has been
     accepted by the employer and includes contractor's personal
     representative, successor and permitted assignee approved in writing by
     the employer.

  f. "Works" means the work to be executed in accordance with the contract.

  g. "Contract" means conditions of co ntract, specifications, drawings, priced
     bill of quantities, schedule of rates and prices (if any), tender and the
     contract agreement.

  h. "Contract price " means the sum named in the tender subj ect to such
     additions thereto or deductions there from as may be made under the
     provisions hereinafter contained.

  i. "Temporary w orks ” means all temporary works of every kind required in
     or about the execution, completion or maintenance of the works.

  j . "Draw ings" means the drawings referred to in the specifications and any
      modification of such drawings approved in writing by the designer and
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      such other drawings as may from time to time be furnished or approved in
      writing by the designer.

  k. "Site" means the lands/ premises and other places - on, under, in or
     through which the works are to be executed or carried out and any other
     lands or places provided by the employer for the purpose of the contract
     together with such other places as may be specifically designated in the
     contract as forming part of the site.

  l. "Approved" means approved in writing including subsequent written
     confirmation of previous verbal approval and Approval means approval -in
     writing including as aforesaid.

  m. "Week" and " Month” means calendar week and month respectively
     according to the Gr egorian calendar.

  n. "Maintenance Period " as defined in clause 34 shall include the period of
     defects liability.

1.2   Words importing the singular only also include the plural and vice versa
      where the context requires.

1.3   The marginal heading or notes in these general conditions shall not be
      deemed to be part thereof or taken into consideration in the interpretation
      or construction thereof or of the contract.

2.0    DUTIES   AND    POWERS                  OF      THE       DESIGNER'S
       REPRESENTATIVE.

2.1   The duties of the designer's representative are to watch and supervise the
      works and to test and examine any materials to be used or workmanship
      employed in connection with the works. He shall have no authority to
      relieve the contractors of any of his duties or obligations neither under
      the contract nor, except as expressly provided hereunder or elsewhere in
      the contract, to order any work involving delay or any extra payment by
      the employer or to make any variation of or in the works.

2.2   The designer may from time to time in writing delegate to the designer's
      representative any of the powers and authorities vested in the Designer
      and shall furnish to the Contractor a copy of all such written delegations
      of power and authorities. Any written instruction or appr oval given by the
      Designer's Representative to the Contractor within the terms of such
      delegation (but not otherwise) shall bind the Contractor.

      Provided always as follows:

  a. Failure of the designer's representative to disapprove any work or mater ial
     shall not prej udice the power of the designer there -after to disapprove
     such work or material and to order the pulling down removal or breaking
     up thereof.
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  b. If the contractor shall be dissatisfied by reason of any decision of the
     designer's represen tative, he shall be entitled to refer the matter to the
     designer who shall thereupon confirm, reverse or very such decision.

3.0    ASSIGNMENT.

3.1   The contractor, save and except with the prior written approval in writing
      of the employer, shall not undertake any work of any nature not assigned
      and/or not mentioned in the tender. While applying for the permission of
      the employer, for executing such work, the contractor shall state the
      nature of the work and probable expenditure therefore. After the e mployer
      has accorded his consent in writing for execution of such work and
      incurring expenditure therefore; then only the contractor shall undertake
      such work and not otherwise howsoever.

4.0    SUB-LETTING.

4.1   The contractor shall not s ub-let the whole of the works. Except where
      otherwise provided by the contract, the contractor shall not sub -let any
      part of the works, without prior written consent of the employer (which
      shall not be unreasonably withheld) and such consent if given shall not
      relieve the contractor from any liability or obligation under the contract
      and he shall be responsible for acts, defaults and neglects of any sub -
      contractor, his agents, servants or workmen as fully as if they were the
      acts, defaults or neglects of th e contractors, his agents, servants or
      workmen. Provided always that the provision of labour on a piece work
      basis shall not be deemed to be sub -letting under this clause to require
      consent as aforesaid nor shall such provision reduce or relieve the
      contractor of any of his obligations or liabilities under the contract in any
      way.

5.0    EXTENT OF CONTRACT

5.1   The contract comprises the construction, completion and maintenance of
      the works and the provision of all labour, services, supervisi on, materials,
      plant and machinery, temporary works and everything whether of
      temporary or permanent nature required in or proper for such
      construction, completion and maintenance and specified or implied in or
      to be inferred from the contract.

       CONTRACT DOCUMENTS

6.0    LANGUAGE

6.1   The contract is to be construed and interpreted in the English language
      which language is herein designated the "Ruling Language"

7.0    CUSTODY OF DRAWINGS.

7.1   The drawings shall remain in the sole custody of the designer but two
      copies thereof shall be furnished to the contractor free of cost. The
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      contractor shall apply to the designer for any further prints required by
      him and such other prints will be charged to the contractor at t he rate of
      Rs. 50.00 per print. The contractor shall give adequate notice in writing to
      the designer or the designer's representative of any further drawing /
      detail that may be required for the execution of the work under the
      contract. Such notice shall s tate the reason why the drawing is required
      and the date at which the further information will be required to avoid
      delay to the works.

7.2   One copy of the drawings furnished to the contractors as aforesaid shall
      be kept by the contractors at the site and the same shall, at all reasonable
      times, be available for inspection and use by the designer and or
      designer ’s representative and by any other person authorised by the
      designer.

8.0    SPECIFICATION, DRAWINGS AND INSPECTIONS.

8.1   The work shall confirm to the contract specifications issued with these
      tender documents. For any item not covered by these specifications, such
      work shall be carried out in accordance with the relevant Indian Standard
      specification, and in the event of t here being no specification in the above
      reference, then in such case, the work shall be carried out in all respects
      in accordance with the instruction and requirements as directed by the
      designer from time to time.

8.2   The work shall conform to the drawings as listed in the attached schedule,
      and to such other drawings relating thereto as may be furnished from time
      to time during construction, by the designer in explanation of details or
      modification, including such modification as the designer m ay consider
      necessary to meet conditions found during the execution of works. If the
      work shown on such further drawings or details or other work necessary to
      comply with such instruction, directions or explanations, were in the
      opinion of the contractor o f a nature that the schedule rate in the contract
      does not legitimately cover, he shall, before proceeding with such work,
      give notice in writing to this effect to the designer.

8.3   Complete set of drawings necessary to the extent of working out the rates
      are issued along with the tender. Further drawings and details shall be
      supplied to the contractor as and when work proceeds. Consistent with the
      time schedule, the contractor shall programme and phase the works and
      get them duly approved by the designer. The contractor shall intimate in
      writing to the designer at least 8 days in advance, his requirements of any
      drawing or working details. Such of these drawings as are deemed
      necessary in the opinion of the designer for the smooth progress of the
      work shall be issued to the contractor within a fortnight from the date of
      receipt of contractor's demand in his office. However, any delay in issue
      of the drawings or details for any reason whatsoever shall neither relieve
      the contractor of his responsibi lity to execute any portion of the work, nor
      entitle him for any compensation on any ground.
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8.4    The drawings furnished to the contractor for this work shall be interpreted
       by the use of given dimension and nomenclature only. The drawings shall
       not be scaled. Drawings to a larger scale shall have precedence over those
       to a smaller scale.

8.5    Prior to the execution of the work, the contractor shall check all drawings,
       specifications and shall immediately report all errors; discrepancies a nd
       or omissions discovered therein to the designer and obtain appropriate
       orders on the same. Any adj ustment made by the contractor without prior
       approval of the designer shall be at his own risk.

8.6    Description of items in the schedule of quant ities is brief and therefore
       shall be read in conj unction with the relevant drawings and specifications
       and the contractor's rate shall be deemed to be for such complete work
       unless otherwise specified by the contractor while tendering.

8.7    Cost of all shop drawings, fabrication drawings or formwork drawings and
       details to be furnished by the contractor shall be deemed to be included in
       his tendered rates for the work. Approval of shop drawings shall not be
       construed as authorising additional work or increased costs to the
       employer. Adj ustment in the tender rates or any extension of time to cover
       required changes in the shop drawings to comply with the requirements of
       the contract specification shall not be allowed.

8.8    The approval of th e shop drawings by the designer shall not be construed
       as a complete dimensional check, but will indicate only that the general
       method of construction and detailing is satisfactory. Approval of such
       drawings will not relieve the contractor of the responsib ility for any
       errors or compliance with the requirements of the contract plans and
       specifications, nor any discrepancy between shop drawings and contract
       plans and specifications constitute a basis for deviation from the
       requirements of the contract plans and specification. The contractor shall
       be responsible for the dimension and design of adequate connection,
       supports, details and satisfactory construction of the work. Any
       fabrication, erection, setting or other work done in advance of receipt of
       the approved shop drawings shall be entirely at the contractor's risk.

        GENERAL OBLIGATIONS

9.0     CONTRACT AGREEMENT.

9.1    The contractor when called upon to do so enter into and execute a contract
       agreement to be prepared at the cost of contrac tor in the form set out in
       appendix "A" to these conditions with such modifications as may be
       necessary.

10.0    PERFORMANCE GUARANTEE.

10.1 Performance guarantee shall be furnished by the contractor according to
     the attached form for the amount stipulated in the contract.
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11.0   INSPECTION OF SITE

11.1 The contractor shall inspect and examine the site and it's surroundings and
     shall be deemed to have satisfied himself before submitting his tender as
     to the nature of the grou nd and the hydrological, climatic and physical
     conditions as related to the site, the general and local conditions,
     particularly those bearing upon transportation, disposal, handling and
     storage of materials, availability of labour, water, electric power, the
     quantities and nature of the work and materials necessary for the
     completion of the works, the means of access to the site and the
     accommodation he may require, local religious customs and events as shall
     effect the execution of the works and in genera l shall himself obtain all
     necessary information as to risk, contingencies and other circumstances
     which may influence or affect his tender.

12.0 PROGRAM TO BE FURNISHED.

12.1 The contractor shall prepare a detailed construction programm e in bar
     chart form or other form approved by the designer showing the order of
     procedure and method that he proposes to carry out the works. Such
     programme shall comply with preliminary time schedule included with this
     tender and shall be submitted to the designer for approval within eight
     days from the notice of acceptance of his tender sent to the contractor.
     The submission to and approval by the designer of such programme shall
     not relieve the contractor of any of his duties and responsibilities under
     the contract.

12.2 After the submission of sequence and work programme to the designer for
     his approval, the contractor shall adhere to the sequence of operations
     stated therein unless he obtains the written permission of the designer to
     vary such sequence.

12.3 The contractor shall provide the designer with adequate information to
     enable actual progress of construction to be directly monitored against the
     periods allocated in the programme.

12.4 Time shall be the essence of the co ntract. The rate of progress of the
     whole work as well as for all the important individual items of work shall
     not be slower than as laid down in the approved construction programme.
     If at any time the contractors performance of the contract falls behind
     programme or it becomes clear that it will so fall behind, then the
     contractor shall notify the designer of the corrective measures which he
     proposes to take and shall adopt such corrective measures or alternative
     which may be agreed by the designer.

12.5 Subsequent to approval of his construction programme the contractor shall
     prepare and submit to the designer within a further period of eight days a
     budgetary programme showing the anticipated gross value of work to be
     done each month in respect of each section of the works. Such budgetary
     programme shall be based on the approved construction programme and
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       shall be prepared in such a form as shall be approved by the designer. The
       aforesaid budgetary programme will be used solely for budgetary contro l
       purpose and will not form part of contract.

13.0 CONTRACTOR'S SUPERINTENDENCE

13.1 The contractor shall give or provide all necessary superintendence during
     the execution of the works and as long thereafter as the designer may
     consider necessary for the proper fulfilling of the contractor ’s obligations
     under the contract. The contractor or a competent and authorised agent or
     representative approved of in writing by the designer (which approval may
     at any time be withdrawn) is to be con stantly on the works and shall give
     his whole time to the superintendence of the same. The agent shall be
     fluent in Hindi, Marathi and English languages. No change shall be made
     in the appointment of the agent without the prior written consent of the
     designer. If approval of the agent shall be withdrawn by the designer the
     contractor shall as soon as is practicable (having regard to the requirement
     of replacing him as hereinafter mentioned) after receiving written notice
     of such withdrawal remove the agent from the site, and shall not thereafter
     employ him again on the site in any capacity and shall replace him by
     another agent approved by the designer. Such authorised agent or
     representative shall receive on behalf of the contractor directions and
     instructions from the designer or (subj ect to the limitations of clause 2
     hereof) the designer's representative.

14.0 CONTRACTOR'S EMPLOYEES.

14.1 The Designer shall be at liberty to obj ect to and require the Contractor to
     remove forthwith from the works any person employed by the Contractor
     in or about the execution or maintenance of the works who in the opinion
     of the Designer misconduct s himself or is incompetent in the proper
     performance of his duties or whose employment is otherwise considered
     by the Designer to be undesirable and such person shall not be again
     employed upon the Works without the written permission of the Designer.
     Any person so removed from the works shall be replaced as soon as
     possible by a competent substitute approved by the Desi gner.

15.0    SETTING OUT

15.1 The Contractor shall be responsible for the true and proper setting out of
     the Works in relation to original points, lines and levels of reference given
     by the Designer in writing and for the correctness (sub j ect as above
     mentioned) of the position, levels, dimensions and alignment of all parts
     of the works and for the provision of all necessary instruments, appliances
     and labour in connection therewith. If at any time during the progress of
     the works any err or shall appear or arise in the position, levels,
     dimensions or alignment or any part of the works the contractor, on being
     required so to do by the Designer or Designer's Representative shall at his
     own expense rectify such error to the satisfaction of th e Designer or
     Designer's Representative unless such error is based on incorrect data
     supplied in writing by the Designer or the Designer's Representative in
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     which case the expenses of rectifying the same shall be born by the
     Employer. The checking of any setting-out or of any line or level by the
     Designer or the Designer's Representative shall not in any way relieve the
     Contractor of his responsibility for the correctness thereof and the
     Contractor shall carefully protect and preserve all benchmarks, sigh t-rails,
     pegs and other        things used in setting out the works. The Contractor
     shall provide all labour, materials and apparatus required by the Designer
     or Designer's Representative to check the setting out of any line or level.

16.0 WATCHING AND LIGHTING

16.1 The Contractor shall in connection with the works provide and maintain at
     his own cost all lights, guards, fencing and watching when and where
     necessary or required by the Designer or Designer's representative or by
     any duly constituted authority for the protection of the Works and for the
     safety and convenience of the public or others.

17.0 INSURANCE OF WORKS ETC.

17.1 Without limiting his obligations and responsibilities the Contractor shall
     insure in the j oint names the Employer and the Contractor against all loss
     or damage from whatever cause arising (other than the excepted risks) for
     which he is responsible under the terms of the Contract and in such
     manner that the Employer and the Contractor are cover ed during the
     Period of Maintenance for loss or damage arising from a cause occurring
     prior to the commencement of the Period of Maintenance and for any loss
     or damage, occasioned by the Contractor in the course of any operations
     carried out by him for the purpose of complying with his obligations under
     Clause 35 hereof:

     a. The works and the Temporary works to the full value of such works
     executed from time to time.

     b. The materials, constructional plant and other things brought on to the
     site by the Contractor to the full value of such materials, constructional
     plant and other things.

     Such insurance shall be affected with an insurer and in terms approved by
     the Employer (which approval shall not be unreasonably withheld) and the
     Contractor s hall deposit insurance policy or policies and receipt of
     payments of the premium with the Employer.

18.0 DAMAGE TO PERSONS AND TO PROPERTY

18.1 The Contractor shall indemnify and keep indemnified the Employer and
     the Designer against all loses a nd claims for inj uries or damage to any
     person or any property whatsoever which may arise out of or in
     consequence of the construction and maintenance of the works and against
     all claims, demands, proceedings, damages, costs, charges and expenses
     whatsoever in respect of or in relation thereto.
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19.0 THIRD PARTY INSURANCE

19.1 Before commencing the execution of the works the Contractor (but without
     limiting his obligations and responsibilities under Clause 18 hereof) shall
     insure against any d amage, loss or inj ury which may occur to any property
     (including that of the Employer) or to any person (including any employee
     of the Employer) by or arising out of the Execution of the Works or
     Temporary works or in the carrying out of the Contract or ot herwise,
     however, due to any reason, irrespective of the fact whether Contractor,
     sub-contractor and or Employer, employees etc., may have been negligent.

20.0 ACCIDENT OR INJURY TO WORKMEN.

20.1 The Employer shall not be liable for or i n respect of any damages or
     compensation payable at law in respect or inconsequent of any accident or
     inj ury resulting to any workmen or other person in the employment of the
     Contractor and Contractor shall indemnify the Employer against all
     claims, demands, proceedings, costs, charges and expenses whatsoever in
     respect thereof or in relation thereto.

21.0 SUPPLY OF PLANT, MATERIALS AND LABOUR

21.1 Expect where otherwise specified the Contractor shall at his own expenses
     supply and provide all th e Constructional Plant, Temporary Works,
     materials both for temporary and for permanent works, labour (including
     the supervision thereof) transport to or from the site and in and about the
     works and other things of every kind required for the construction
     completion and maintenance of the works.

22.0 CLEARANCE OF SITE.

22.1 The Contractor shall at all times keep the whole of the Site in a clean tidy
     and safe condition by arranging his materials in an orderly fashion. Care
     shall be taken n ot to discharge material so as to interfere with the progress
     of the works. All rubbish, waste materials, surplus soil and debris shall be
     cleared regularly from the Site and disposed off in a manner approved by
     the Designer.

22.2 On the completi on of the works the Contractor shall clear away and
     remove from the Site all constructional Plant, surplus materials, rubbish
     and Temporary Works of every kind and leave the whole of the Site and
     Works clean and in a workman like condition to the entire sa tisfaction of
     the Designer.

23.0 SUPPLY OF WATER

23.1 Water will be supplied at free of cost by employer. At one point on the
     Site for the use of Co ntractors staff and work people.

      MATERIALS AND WORKMANSHIP
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24.0 QUALITY OF MATERIALS AND WORKMANSHIP AND TESTS

24.1 All materials and workmanship shall be of the respective kinds described
     in the Contract and in accordance with the Designer's instructions and
     shall be subj ect from time to time such tests as the Designer may direct at
     the place of manufacture or fabrication or on the Site or at all or any of
     such places. The Contractor shall provide such assistance, instruments,
     machines, labour and materials as are normally required for examining,
     measuring and testing any work and the quality, weight or quantity of any
     material used and shall supply samples of materials before incorporating
     in the Works for testing as may be selected and required by the Designer.

25.0 ACCESS TO SITE

25.1 The employer, the Designer and any person authorised by them shall at all
     times have access to the Works and to the Site and to all workshops and
     places where work is being prepared or where materials, manufactured
     articles or machinery are being obtained for the works and the Contractor
     shall afford every facility for the assistance in obtaining the right to such
     access.

26.0 EXAMINATION OF WORK BEFORE COVERING UP.

26.1 No work shall be covered up or put out of view without the approval of the
     Designer or Designer's Representative and the Contractor shall afford full
     opportunity for the Designer or the Designer's Representative to examine
     and measure the work which is about to be covered up or put out of view
     and to examine foundation be fore permanent work is placed thereon. The
     Contractor shall give due notice to the Designer's Representative
     whenever any such work or foundation is or are ready or about to be ready
     for examination and the Designer's Representative shall without
     unreasonable delay unless he considers it unnecessary and advises the
     Contractor accordingly attend for the purpose of examining and measuring
     such work or of examining such foundations.

26.2 Notwithstanding the provisions of sub -clauses 26.1 of this Clau se the
     Contractor shall uncover any part or parts of the Works or make openings
     in or through the works as the Designer may from time to time direct and
     shall reinstate and make good such part or parts to the satisfaction of the
     Designer. Whether or not a fter compliance with the requirements of this
     sub-clause such part or parts of the works are found to have been executed
     in accordance with the Contract the expenses of uncovering, making
     openings in or through reinstating and making good the same shall be
     borne by the Contractor.

27.0 REMOVAL OF IMPROPER WORK AND MATERIALS

27.1 The Designer shall, during the progress of the works, have power to order
     in writing from time to time.
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     a. The removal from the Site, within such time or times as may by
     specified in the order, of any materials which in the opinion of
     the Designer are not in accordance with the Contract.

    b. The substitution by proper and suitable materials and

     c. The removal and proper re -execution (notwithstanding any previous
     test thereof or interim payment therefore) of any work which in respect of
     materials or workmanship is not in the opinion of the Designer in
     accordance with the Contract.

27.2 In case of default on the part of the Contractor in carrying out such order
     the Employer shall be entitled to employ and pay other persons to carry
     out the same and all expenses conseque nt thereon or incidental thereto
     shall be borne by the Contractor and shall be recoverable from him by the
     Employer or may be deducted by the Employer from any moneys due or
     which may become due to the Contractor.

28.0 POSSESSION OF SITE

28.1 Save in so far as the Contract may prescribe the extent of portions of the
     Site of which the Contractor is to be given possession from time to time
     and the order in which such portions shall be made available to him and
     subj ect to any requirement in the Contract as to the order in which the
     work shall be executed the Employer with the Designer's written order to
     commence the Works give to the Contractor possession of so much of the
     Site as may be required to enable the Contractor to commence and proce ed
     with the construction of the works in accordance with the programme
     referred to in Clause 12 hereof and will from time to time as the works
     proceed give to the Contractor possession of such further portions of the
     site as may be required to enable the c ontractor to proceed with the
     construction of the works with due despatch in accordance with the said
     programme.

29.0 EXTENSION OF TIME FOR COMPLETION.

29.1 Should the amount of extra or additional work of any kind be such as
     fairly to entitle the Contractor to an extension of time for the completion
     of the work the Designer should determine the amount of such extension.
     Provided that the Designer is not bound to take into account any extra or
     additional work or other special circumstance s unless the Contractor has
     within 28 days after such work has been commenced or such circumstances
     have arisen delivered to the Designer's Representative full and detailed
     particulars of any claim to extension of time to which he may consider
     himself enti tled in order that such claim may be investigated at the time.

30.0 RATE OF PROGRESS.

30.1 Sequence of work.
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     The Contractor shall execute the work as per the sequence given by the
     Designer from time to time so that all the other item s of work to be
     executed by other agencies are completed progressively along with the
     main work.

31.0 SUSPENSION OF WORKS.

31.1 The Contractor shall on the written order of the Employer suspend the
     progress of the works or any part there of for such time or times and in
     such manner as the Employer may consider necessary and shall during
     such suspension properly protect and secure the work so far as is
     necessary in the opinion of the Designer. The extra cost of all running
     wages to be paid to labour on the Site incurred by the Contractor in giving
     effect to the Designer's Instructions under this Clause shall be borne and
     paid by the Employer unless such suspension is

     a. Otherwise provided for in the Contract or

     b. Necessary for the proper execution of the work or by reason of weather
        conditions affecting the safety or quality of the works or by some
        default on the part of the Contractor.

     c. Necessary for the safety of the works or any p art thereof. Provided that
        the Contractor shall not be entitled to recover any such extra cost
        unless he gives notice in writing of his intention to claim to the
        Designer within 28 days of the Designer's order. The Desig ner shall
        settle and determine such extra payment to be made to the Contractor in
        respect of such claim as shall in the opinion of the Designer be fair and
        reasonable.

     d. The Employer shall be entitled to terminate and / or suspend this
        agreement after giving 30 days prior written notice to the Designers
     and       the Contractor without assigning any reason whatsoever and in
     such                   event the Contractor shall do the followi ng within
     the said period of 30         days from the receipt of such notice.

        (i)   Remove himself, his servants, agents, workers, labourers, sub -
              contractors and/or any other representatives from the site;

        (ii) Hand over to the emplo yer or to any person or persons as the
             Employer may direct all the construction materials of whatever
             nature in good and proper condition;

        (iii) Inform the Employer and the Designer about special maintenance
              of any of the items of the construction work, which may require
              immediate attention.
        (iv) Give to the Employer and the Designer a list of the materials
              lying at the Site, details of any contract for the purpose of the
              materials and any other information withholding of which shall
              have prej udicial effect to the interest of the Employer;
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        (v)   Prepare complete account of the construction work done,
              materials purchased and ordered and submit the same to the
              Employer and the Designer.

        (vi) Allow    any     other   contractor  and/or    agents,  workmen,
             representatives , labourers or any other person authorised by the
             Employer to enter upon the site and to do and/or carry out any
             further construction work but in such event for the further
             construction work the Contractor shall not be liable.

     e. In the event of the contractor failing to remove himself, his workmen,
         agents representatives or any other person or persons including Sub -
         Contractor (if any) from the site within the period stipulated
         hereinabove, the Contractor s hall be bound and liable to pay to the
         employer a sum of Rs. 10,000.00 per day till the breach continues
         SUBJECT HOWEVER this clause shall not entitle in any event the
         contractor, his agents, workman, labourers, Sub -Contractor, or any
         other persons or persons to remain on the place of the site after the
         expiring of the above referred to stipulated period of 30 days.

32.0 LIQUIDATED DAMAGES FOR DELAY.

32.1 If the Contractor shall fail to complete the works or any specified part
     thereof within the time prescribed taking into account any approved
     extension of such time, then the Contractor shall pay to t he Employer the
     sum stated in the Tender as liquidated damages for such default and not as
     a penalty for every day which shall elapse between the time prescribed or
     approved extended time as the case may be and the date of completion of
     the Works. The Empl oyer may without prej udice to any other method of
     recovery deduct the amount of such damages from any moneys in his hands
     due or which may become due to the Contractor.               The payment or
     deduction of such damages shall not relive the Contractor from his
     obligation to complete the Works or any specified part thereof or from any
     other of his obligations and liabilities under the Contract.

33.0 CERTIFICATE OF COMPLETION OF WORKS.

33.1 As soon as the works shall have been actually completed and shall h ave
     satisfactorily passed any final test that may be prescribed, by the contract
     , the Designer shall issue a certificate of completion in respect of the
     works and the period of maintenance shall commence from the date of
     such certificate. If in the opi nion of the Designer the works shall have
     been substantially completed and shall have satisfactorily passed any final
     test prescribed by the contract, the Designer may on receiving a written
     undertaking from the Contractor, that the Contractor shall finish any
     outstanding work by agreed dates during the period of maintenance issue a
     certificate of completion in respect of the works and the period of
     maintenance of the works shall commence from the date of certificate.
     Provided that the Designer may give su ch certificate with respect to any
     substantial part of the works has been completed to the satisfaction of the
     Designer and occupied or used by the Employer and when any such
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       certificate is given in respect of part of works, such part shall be
       considered a s completed and the period of maintenance of such part shall
       commence from the date of such certificate.         Provided also that a
       certificate of completion given in accordance with foregoing provisions of
       any part of the works occupied and used as aforesaid s hall not be deemed
       to certify completion of any ground or surface requiring reinstatement
       unless such certificate shall expressly so state.

34.0    MAINTENANCE AND DEFECTS

34.1 Except as may be otherwise provided in the specification the ex pression
     "Period of Maintenance" in these Conditions shall mean the period of
     maintenance named in the Tender calculated from the date of completion
     of the Works certified by the Designer in accordance with Claus 33 hereof
     or in the event of more than one certificate having been issued by the
     Designer under the said Claus from the respective dates so certified and in
     relation to the period of Maintenance of expression "the Works" shall be
     construed accordingly.

34.2 To the intent that the works sha ll at or as soon as practicable after the
     expiration of the Period of Maintenance be delivered up to the Employer
     in as good and perfect a condition (fair wear and tear excepted) to the
     satisfaction of the Designer that in which they were at the commenceme nt
     of the Period of Maintenance. The Contractor shall execute all such work
     of repair, amendment, reconstruction, rectification and making good of
     defects imperfections, shrinkage or other faults as may be required of the
     Contractor in writing by the Desig ner by agreed dates during the period of
     Maintenance or within fourteen days after its expiration as a result of an
     inspection made by or on behalf of the Designer prior to its expiration.

34.3 All such work shall be carried out by the Contractor at his own expense if
     the necessary thereof shall in the opinion of the Designer be due to the use
     of materials or workmanship not in accordance with the Contract or to
     neglect failure on the part of the Contractor to comply with any obligation
     expressed or implied on the Contract's part under the Contract or is
     necessary or proper or usual to the works or material or workmanship
     therein.

34.4 If the Contractor shall fail to do any such work as aforesaid required by
     the Designer the Employer shall be entitled to carry out such work by his
     own workmen or by other contractors and if such work is work which the
     Contractor should have carried out at the Contractor's own cost shall be
     entitled to recover from the Contractor the cost thereof or may deduct the
     same from any moneys due or that become due to the Contractor.
35.0 CONTRACTOR TO SEARCH

35.1 The contractor shall if required by the Designer in writing search for the
     cause of any defect imperfection or fault under the direction of the
     Designer and he shall repair rectify and make good such defects
     imperfection or fault at his own expense.
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36.0    MAINTENANCE CERTIFICATE

36.1 The Contract shall not be considered as completed until the Designer shall
     have signed a Maintenance Certificate and delivered to the Employer
     stating that the works have been completed and maintained to his
     satisfaction. The Maintenance Certificate shall be given by the Designer
     twenty eight days after the expiration of the period of Maintenance (or if
     different periods of Maintenance shall become applicable to different
     parts of the works the expiration of the latest such period) or as soon
     thereafter as any works ordered during such period pursuant to Clauses 34
     and 35 hereof shall have been completed t o the satisfaction of the
     Designer and full effect shall be given to this Clause not withstanding any
     previous entry on the works or the taking possession working or using
     thereof on any part thereof by the Employers.

      ALTERATIONS ADDITIONS A ND OMISSIONS

37.0 VARIATIONS

37.1 The Designer with the approval of the Employer shall make any variation
     of the form, quality or quantity of the works or any part thereof that may
     in his opinion be necessary and for that purpose or if for any o ther reason
     it shall in his opinion be desirable the Designer shall have power to order
     the Contractor to do and the Contractor shall do any of the following at
     the accepted main tender rates.

 a.    Increase or decrease the quantity of any work included in the Contract.

 b. Omit any such work or substitute the same by some other work.

 c.    Change the character or quality or kind of any such work.

 d. Change the levels, lines, position and dimensions of any part of the works
    and

 e.    Execute additional work of any kind necessary for the completion of the
       works. And no such variation shall in any way vitiate or invalidate the
       Contract but the value (if any) of all such variations shall be taken into
       account in ascertaining the amount of the Contract Price.

37.2 No such variation shall be made by the Contractor without an order in
     writing of the Designer and the Employer. Provided that no order in
     writing shall be required for increase or decrease in the quantity of any
     work wher e such increase or decrease is not the result of an order given
     under this Clause but is the result of the quantities exceeding or being less
     than those stated in the Bill of Quantities. Provided that if for any reason
     the Designer shall consider it desir able to give any such order verbally the
     Contractor shall comply with such and any confirmation in writing of such
     verbal order given by the Designer whether before or after the carrying out
     of the order shall be deemed to be an order in writing within the meaning
     of this Clause provided further that if the Contractor shall confirm
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      forthwith in writing to the Designer any verbal order given by the
      Designer and the Designer shall confirm the same in writing , then it shall
      be deemed to be an order in writing of the Designer.

37.3 To be able to secure the consent of the Employer to variations proposed by
     the Designer, the Designer shall prepare draft of such variations and
     submit a copy to the Employer for approval. The Designer shall also
     furnish a copy to the Contractor for assessment of programme
     implications. The Contractor shall prepare his assessment without delay
     and submit the same in writing to the Designer and the Employer.

38.0 VALUATION OF VARIATIONS

38.1 The Designer s hall but not without the prior approval of the Employer
     determine the amount (if any) which in his opinion should be added to or
     deducted from the sum named in the Contract in respect of any additional
     or extra work done or work omitted as a result of the Designer's order. All
     such work added or omitted shall be valued.

 a.   Where, in the opinion of the Designer, the rates, set out in the Contract
      are applicable in accordance with the said rates.

 b. Where, in the opinion of the Designer, the rates set out in the Contract do
    not apply or are not provided in the Contract, the rates shall be agreed
    between the Designer and the Contractor. In the event of disagreement the
    Designer shall fix such rates as shall in his opinion be reasonable an d
    proper.
    [Cost of material + Labour + 15% profit]

 c.   It shall be understood that such variations will have to be referred to the
      Designers and the Employer's approval to such variations shall be obtained
      in writing prior to execution of t he work.

 d. It should be clearly understood that the Contractor should make no claims
    whatsoever towards hardships suffered by him in the performance of the
    contract.

38.2 Provided also that no increase of the amount of the Contract or rate und er
     Clause 38.1 shall be made unless within 14 days of making and order
     under Clause 37 hereof and in the case of extra or additional work before
     the commencement of the work, notice shall have been given in writing.

 a.   By the Contractor to the D esigner of his intention to claim extra payment
      or rates or

 b. By the Designer to the Contractor of his intention to vary a rate as the
    case may be.

39.0 QUANTITIES
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39.1    The quantities set out in the Bill of Quantities have bee n measured but
        they are not to be taken as representing the actual and correct quantities
        of the works to be executed by the contractor in fulfilment of his
        obligations under the Contract. [The work is likely to be divided between
        several contractors]

40.0 MEASUREMENT.

40.1 The Designer shall except as otherwise stated ascertain and determine by
     measurement the value of work and variations issued by him under Clause
     37 thereof. He shall when he requires any part or parts of the works to b e
     measured, give notice to the Contractor's authorised agent or
     representative who shall forthwith attend or send a qualified agent to
     assist the Designer or the Designer's Representative in making such
     measurement, and shall furnish all particulars requir ed by either of them.
     Should the contractor not attend, or neglect, or omit to send such agent
     then the measurement made by the Designer or approved by him shall be
     taken to be the correct measurement of the work.

40.2 The works shall be measured not notwithstanding any general or local
     custom except as otherwise specifically described or prescribed in the
     contract.

41.0 PROVISIONAL SUMS

41.1 Every provisional sum set out in the Bill of Quantities for work or supply
     of material a nd goods which has not been specified in detail when the
     contract is entered into shall be deducted from the contract price and in
     lieu thereof such sum together with charges and profits (if any) which the
     contractor shall have quoted and accepted by the e mployer may be added
     to the contract price.

 a.    Where work to which the provisional sum relates has been ordered by the
       Designer and executed by the contractor the value of the work so executed
       valued in accordance with clause 38 hereof OR

 b. Where work to which the provisional sum relates has been ordered by the
    Designer and executed by a Nominated subcontractor (as hereunder
    defined) the net sum or sums actually paid by the contractor to such sub -
    contractor on the direction of the Des igner plus such percentage as has
    been inserted by the contractor in the tender as an addition for profit and
    overheads and general attendance.

 c.    Where plant, equipment, materials or goods to be included in the works to
       which the provisional su m relates have been ordered by the Designer and
       supplied by a nominated supplier (as there under defined) the net sum or
       sums actually paid by the Contractor to such supplier on the direction of
       the Designer plus such percentage as has been inserted by the Contractor
       in the Tender as and addition for profit and overheads.
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41.2 All sums set out in the specification and the Bill of quantities which shall
     be stated as provisional or for contingencies shall be used only at the
     direction and discretion of the Designer and with approval of the
     Employer and if not used wholly or in part shall, as to the amount not
     used, be deducted from the contract price.

41.3 The contractor shall when required by the Designer produce all quotations,
     invoices, vouchers and accounts or receipts in connection with
     expenditure in respect of provisional items.

41.4 In the event of a Nominated Sub -Contractor or Nominated supplier (as
     hereunder defined) having undertaken towards the contractor in respect of
     the work executed or the plant, equipment or goods supplied by such
     Nominated Sub -Contractor or Nominated supplier any obligation extending
     for a period exceeding that of the Period of Maintenance under this
     contract the contractor shall before the issue of t he Maintenance
     Certificate assign to the Employer at the Employer's request and cost the
     benefit of such obligation for the unexpired duration thereof.

42.0 NOMINATED SUB-CONTRACTORS
     AND NOMINATED SUPPLIERS

42.1 All specialist tradesman, merchants and other parties executing any work
     or supplying any plant equipment, materials or goods for which
     Provisional Sums are included in the Bill of Quantities and the
     Specification who may have been or be nominated or selected or approved
     by the Employer and the Designer and all persons to whom by virtue of the
     Provisions of the Contract the contractor is required to sub -let any work
     or the supply of any plant equipment materials or goods shall in the
     execution of such work or the supply of such Plant equipment            or
     materials be deemed to be sub -contractors or suppliers employed by the
     contractor and are hereinafter referred to as 'Nominated Sub -contractors'
     or 'Nominated suppliers' as shall be appropriate. Provided always that the
     contractor sha ll not be required by the Employer or the Designer nor be
     deemed to be under any obligations to employ and nominated sub -
     contractor or nominated supplier who shall decline to enter into a sub -
     contract which the contractor containing provisions:

 a.   That in respect of the work or goods the subj ect of the sub -contract the
      Nominated Sub -contractor or nominated supplier will undertake towards
      the contractor the like obligations and liabilities as are imposed upon the
      contractor towards the employer by the terms of the contract and will save
      harmless and indemnify the contractor from and against the same and from
      all claims demands proceeding damages costs charges and expenses
      whatsoever arising out of or in connection therewith or arising out of or in
      connection with any failure to perform such obligation or to fulfil such
      liabilities and

 b. That the nominated sub -contractor will save harmless and indemnify the
    contractor from and against any negligence by the Nominated Sub -
    Contractor his agent s, workmen and servants and from and against any
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      misuse by him or them of any Constructional plant or Temporary works
      provided by the contractor for the purpose of the contract and from all
      claims as aforesaid.

43.0 PAYMENTS TO NOMINATED SUB -CONTRACTORS
     AND NOMINATED SUPPLIERS.

43.1 Before issuing under clause 44 hereof any certificate which includes any
     payment in respect of work done or goods supplied by any Nominated Sub -
     contractor or Nominated Supplier the Designer shall be entitled to demand
     from the Contractor reasonable proof that all payments (less retention)
     included in previous certificates in respect of the work or goods of such
     Nominated subcontractor or Nominated supplier have been paid or
     discharged buy the contractor in de fault whereof unless the contractor
     shall

 a.   Inform the Designer in writing that he has reasonable cause for
      withholding or refusing to make such payment and

 b. Produce to the Designer reasonable proof that he has so informed su ch
    nominated sub-contractor or nominated supplier in writing. The Employer
    shall be entitled to pay to such nominated subcontractor or nominated
    supplier direct upon the certificate of the Designer all payments (less
    retention) which the Contractor has fai led to make to such Nominated Sub -
    Contractor or Nominated Supplier and to deduct by way of set -off the
    amount so paid by the Employer from any sums due or which become due
    from the Employer to the Contractor.

43.2 Provided always that where the De signer has certified and the Employer
     has paid direct as aforesaid the Designer shall in issuing any further
     certificate in favour of the Contractor deduct from the amount thereof the
     amount so paid direct as aforesaid but shall not withhold or delay the
     issue of to certificate itself when due to be issued under the terms of the
     Contract.

       CERTIFICATE AND PAYMENTS

44.0 METHOD OF PAYMENT TO CONTRACTOR

44.1 The contractor shall submit to the designer at the end of each 15 Days or
     after substantial work on site three copies, each signed by the contractor,
     of a statement in such a form as the designer may from time to time
     prescribe showing amounts to which the contractor may consider himself
     to be entitled up to the end of the previous mont h in respect of: -

 a.   The permanent work executed in accordance with the contract.

 b. 75 percent of the value of materials for payment reasonably properly and
    not prematurely brought upon the site by the contractor and properly
    stored. [Only the non -perishable material will be considered for the
    payment against material on site.]
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 c.   Variations issued by the Designer in accordance with clause 38 hereof.

 d. Any additional expenses in accordance with clause 37.2 hereof.

44.2 The Designer shall check the statement submitted by the Contractor in
     accordance with the provisions of this Clause and within a reasonable
     period from the receipt thereof shall issue a certificate to the Employer
     and to the Contractor stati ng the amount which he considers rightfully due
     to the Contractor in respect of the aforesaid statement subj ect to a
     retention of the percentage named in the Contract until the total amount
     retained shall reach the `Limit of Retention Money named in the Co ntract
     (hereinafter called `the retention money') and subj ect to a deduction for
     repayment of the initial advance if any.

44.3 Payment upon each of the Designer's certificate shall be made by the
     Employer within a reasonable time after such certif icate has been
     delivered to the Employer.

44.4 All payments made under sub -clause 44.3 of this Clause shall be regarded
     as payments on account and shall not preclude the Designer from making
     any correction or modification in any previous certifica te which shall have
     been issued by him or from withholding any certificate if the works or any
     part thereof are not being carried out to his satisfaction.

44.5 Five signed copies of the final statement of accounts for the works
     prepared in the for m specified for interim statement under sub -clause 44.1
     hereof shall be submitted by the Contractor to the Designer within a
     period not exceeding two months from the date of issue of a Certificate of
     completion in respect of whole of the works. The aforesa id final statement
     shall be checked by the Designer in consultation with the Employer and if
     agreed upon shall be signed by the Employer, the Designer and the
     Contractor and subj ect to agreement thereon or prior reference to
     arbitration in accordance with Clause 49 hereof shall be signed by the
     Designer and the Contractor as representing the final statement of moneys
     due to the Contractor under the Contract. The signing of the final
     statement of accounts by the aforesaid parties and the issue of the Final
     Payment Certificate, no Certificate other than the Final payment
     Certificate shall be deemed to constitute acceptance or the accuracy of any
     claim or demand made by the Contractor or of additional or varied work
     having been ordered by the Designer.

44.6 The Employer shall be entitled to deduct from any moneys due to the
     Contractor under this Clause the value of materials designed in the
     contract to be procured by the Employer and supplied to the Contractor at
     fixed prices.

44.7 The currency for all payments under this Contract shall be the Indian
     Rupee.

REMEDIES AND POWERS
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45.0 FORFEITURE

45.1 If the Contractor shall become insolvent or have an order admitting a
     petition in insolvency made against him or shall pr esent his petition in
     insolvency or shall make an arrangement with or assignment in favour of
     his creditors or shall agree to carry out this Contract under inspection of a
     committee of his creditors or (being a corporation) shall go into
     liquidation or win ding up or if the contractor shall assign the contract
     without first obtaining the consent in writing of the employer or shall
     have an execution or attachment levied on his goods or property or if
     prohibition order is served on the contractor in respect of them then the
     employer may forthwith enter upon the site and expel the contractor
     therefrom.

45.2 If the Designer shall certify in writing to the Employer that in his opinion
     the contractor.

 a.   Has abandoned the contract OR

 b. Without reasonable excuse has failed to commence work or has suspended
    the progress of the works for Eight days after receiving from the designer
    written notice to proceed or not withstanding the provision of clause 49 or
    other provisions of contract is delaying the progress of the works to an
    extent that the designer considers that the works will not be completed
    within the period stated in the contract or any extended period previously
    agreed OR

 c.   Had failed to remove materials from the si te or to pull d own and replace
      work for Eight days after receiving from the Designer written notice that
      the said materials or work had been condemned and rej ected by the
      designer under these conditions OR

 d. Is not executing the works in accord ance with the contract or is
    persistently or flagrantly neglecting to carry out his obligations under the
    contract OR

 e.   Has to the detriment of good workmanship or in defiance of the designer's
      instructions to the contrary sub -let any part of t he contract.

      Then the Employer may, after giving 1 4 days notice in writing to the
      contractor enter upon the site and expel the contractor therefrom.

Note: The Employer also reserves the right to cancel the contract, if in the
    Designers opinion the contractor does not meet the contract conditions and
    even after warning in writing the Designer and Employer do not see any
    improvement in the performance of the Contractor.

45.3 The expulsion of the contractor from the site under the provisi on of sub-
     clause 45.1 and 45.2 of this clause shall not thereby avoid the contract nor
     release the contractor from any of his obligations or liabilities under the
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     contract or affect the rights and powers conferred on the employer or the
     designer by the con tract and the Employer may himself complete the works
     or may employ any other contractor to complete the works and the
     Employer or such other contractor may use for such completion so much of
     the constructional plant, temporary works and materials which ha ve been
     deemed to have become the property of the Employer. The Employer may
     at any time, as he may think proper, proceed with sale of unused materials
     and appropriate the amount towards the satisfaction of any sums due or
     which may become due to him from the contractor under contract.

45.4 The Designer in consultation with the Employer shall as soon as may be
     practicable after any such entry and expulsion by the Employer fix and
     determine ex-party or by or after reference to the parties or after s uch
     investigation or enquiries as he may think fit to make or institute and shall
     certify what amount (if any) at the time of such entry and expulsion had
     been reasonably earned by or would reasonably accrue to the contractor in
     respect of work then actual ly done by him under the contract and what was
     the value of any of the said unused or partially used materials, any
     constructional plant and any temporary works.

45.5 If the Employer shall enter and expel the contractor under this clause he
     shall not be liable to pay to the contractor until the expiration of the
     period of maintenance and thereafter until the costs of completion and
     maintenance damages for delay in completion (if any) and all other
     expenses incurred by the Employer have been ascerta ined and the amount
     thereof certified by the Designer. The contractor shall then be entitled to
     receive only such sum or sums (if any) as the designer may certify would
     have been due to him upon due completion by him after deducting the
     same amount and aft er allowing for the proceeds of sale, if any, under sub -
     clause 45.3 hereof. But if such amount shall exceed the sum which would
     have been payable to the contractor on due completion by him then the
     contractor shall upon demand pay to the employer the amoun t of such
     excess and it shall be deemed a debt by the contractor to the employer and
     shall be recoverable accordingly. Nothing herein shall prej udice the right
     of the Employer to have recourse to and to make recoveries under the
     performance guarantee provi ded by the contractor under the terms of
     clause 10 hereof and thereafter in the event of there still being an excess
     the contractor shall upon demand pay the Employer the amount of such
     excess and it shall be deemed a debt due by the contractor to the
     Employer from the date of forfeiture and shall be recoverable accordingly.


46.0 FAILURE TO COMPLY WITH INSTRUCTION

46.1 If the contractor shall fail duly to observe or perform any instruction,
     requirement, direction or order by the Designe r or the Designer's
     Representative made or given in accordance with the contract or shall
     otherwise fail to fulfil any obligation imposed upon him by the contract
     the Employer may without prej udice to any other rights or remedies which
     he may have under th e contract himself or by his servants or agents or
     other remedy such default and all expenses consequent thereon or
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     incidental thereto be born by the contractor and shall be recoverable from
     him or may be deducted by the Employer from any moneys due to him .

47.0 URGENT REPAIRS

47.1 If by reason of any accident or failure or other event occurring to or in
     connection with the works or any part thereof either during the executing
     of the works or during the Period of Maintenance any remedial o r other
     work or repair shall, in the opinion of the Designer or the Designer's
     Representative, be urgently necessary for security and the Contractor is
     unable or unwilling at once to do such work or repair, the Employer may
     through his own or other workman do such work or repair as the Designer
     or Designer's Representative may consider necessary. If the work or
     repair so done is work or repair which in the opinion of the Designer the
     Contractor was liable to do at his own expense under the contract all cos ts
     and charges properly incurred by the Employing so doing shall on demand
     be paid by the contractor to the Employer or may be deducted by the
     Employer from any moneys due to or which may become due to the
     contractor, Provided always that the Designer or t he Designer's
     Representative (as the case may be) shall as soon after the incident of any
     such emergency as may be reasonably practicable notify the Contractor
     thereof in writing.

48.0 SPECIAL RISKS

48.1 The Contractor shall be under n o liability whatsoever for delay to
     completion of the work which is the consequence whether direct or
     indirect of war, hostilities (whether war be declared or not ), invasion, act
     of foreign enemies, rebellion, revolution, insurrection or military or
     usurped power, civil war or (hereinafter comprehensively referred to as
     `the said special risks') or a cause solely due to design of works.

48.2 If during the currency of the Contract there shall occur any of the said
     special risks the Contractor shall unless and until the Contract is
     terminated under the provisions of this sub clause hereinafter contained
     use his best endeavours to complete the execution of the works provided
     always that the Employer shall be entitled at any time after the occurrence
     of any of the said special risks to suspend the progress of the works in
     accordance with the provisions of Clause 31 hereof or by giving notice in
     writing to the Contractor to terminate this Contract and upon such notice
     this Contract shall (save as to clau se 49 hereof) terminate but without
     prej udice to the rights of either party in respect of any antecedent breach
     thereof.

48.3 If the contract shall be terminated as aforesaid or if the Contractor
     pursuant to a suspension of the whole of the Works for a period in excess
     of six months shall have elected in accordance with the provisions of
     Clause 31 hereof to treat the Contract as abandoned by the Employer (in
     so far as such amounts or items shall not already have been covered by on
     accounts payments made or any sum previously paid to the Contractor) for
     the following:
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 a.   The Contract value of all work properly executed upon the date of
      termination.

 b. The cost of materials or goods reasonably ordered for the works or
    temporary wor ks which shall have been delivered to the contractor or of
    which the contractor is legally liable to accept delivery (such materials or
    goods becoming the property of the Employer upon such payment being
    made by him).

 c.   Any increased cost of o r incidental to the execution of the works which is
      necessarily and directly attributable to or consequent upon the said special
      risks but subj ect to the Contractor having informed the designer in writing
      of such increase as soon as it came to his knowledg e. Provided always that
      against any payments due from the employer under this sub -clause the
      employer shall be entitled to be credited with any outstanding balance due
      from the contractor for advance payments previously paid by the employer
      to the contract or.

48.4 The amount due to the contractor under sub -clause 48.3 of this clause
     shall be set out in a statement, five copies thereof, prepared by the
     contractor and certified by the designer. The aforesaid statement shall
     include full details as to how the contract has been affected by the said
     special risk.

48.5 In addition to the payments due to the contractor under sub -clause 48.3 of
     this clause the employer shall also release any bonds guarantees or
     deposited at his disposal unless the total am ount of the payments
     previously made to the contractor exceeds the final amount due to him in
     which case the contractor shall pay the excess to the employer against
     release of the aforesaid bonds, guarantees or deposits.

       SETTLEMENT OF DISPUTES


49.0 ARBITRATION


49.1 LAWS GOVERNING THE CONTRACT

      If any disputes or difference of any kind whatsoever shall arise between
      the Employer or the Designer and the Contractor in connection with or
      arising out of the contract or carr ying out of the works (whether during
      the progress of the works or after completion and whether before or after
      the termination, abandonment or breach of the contract) it shall in the first
      place be referred to and settled by the Designer who within a peri od of 90
      days after having been requested by either party to do so shall give written
      notice of his decision to the Employer in respect of every matter so
      referred and shall be final and binding upon the employer and the
      contractor until the completion of the work and shall forthwith be given
      effect to by the contractor who shall proceed with the works with all due
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       diligence whether he or the employer requires arbitration as hereinafter
       provided or not. If the Designer has given written notice to his decis ion to
       the employer and the contractor and no claim to arbitration has been
       communicated to him by either the employer or the contractor within the
       period of 90 days from receipt of such notice the said decision shall
       remain final and binding upon the empl oyer and the contractor.

49.2 Reference to arbitration in accordance with provision of sub -clause 49.1
     hereof shall be condition precedent to action at law.

49.3 The contract shall be governed by laws of India. Subj ect as aforesaid only
     Courts of competent j urisdiction in Pune will have j urisdiction in actions
     at law.

50.0 SERVICE OF NOTICE

50.1 The contractor shall notify in writing to the Employer and the Designer his
     address in Pune/Mumbai for the purpose of service of any n otice to him
     under the terms of the Contract and any such notice to the Contractor shall
     be deemed to be duly served if sent by registered post to or left at such
     address or if delivered to the agent or representative of the Contractor for
     the time being a uthorised and approved under the Contract or if left at the
     Contractor's registered office or at his last known address.

50.2 Any notice to be given to the Employer, the Employer's Representative or
     Designer under the terms of the Contract shall b e deemed to be duly
     served if sent by registered post to or left at the Employer's principal
     place of business or his last known address.

51.0 VARIATIONS IN PRICE

51.1 The Contract shall be on a fixed rate basis and the Contractor shall allow
     for the risk of any rise or fall in the cost of labour, materials and plant.
     No adj ustment in the Contract price or to individual rates or sums inserted
     by the Contractor in the Contract shall be made by reason of any change in
     the conditions of emp loyment of labour and staff, any change in the cost
     of materials for the permanent or the Temporary works or on consumable
     stores, fuel, power and water, any variation in the rates of freight or other
     transport or incidental costs handling charges or other wise howsoever.

51.2    The payment to be made by the Employer to the Contractor for the works
        will not be affected by any variation in the prices of materials which are
        used in the works and the Contractor will not be entitled to claim any
        increase in the rates of payment because of any increase in the prices .



                      SPECIAL CONDITIONS OF CONTRACT


52.0 DEFINITIONS AND PROCEDURES:
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52.1 The headings or notes in these Special Conditions shall not be deemed to
   be part thereof or taken into consideration in the interpretation or
   construction thereof or of the Contract.

52.2 In the event of any discrepancy or difference between the General
     Conditions and these Special Conditions the latter shall prevail.

53.0 THE SITE OF THE WO RK

53.1 The site of the work is UCO BANK - MIRA ROAD – NEW PREMISES.

53.2 The Contractor is advised to visit the Site with the prior permission of the
     Employer in order to acquaint himself with the access to site and other
     connected information. [Mr. Jain. (GAD) / Mr. Narkar (GAD) Regional
     office, Mumbai]

54.0 EXISTING WORKS, DRAINS AND SERVICES

54.1 Prior to the commencement of work at site the Contractor shall search and
     ascertain the location of all existing underg round services and drains that
     are adj acent to or across the area of the site. In case of damage to these
     services by Contractor or his sub -contractor and employees, or any of
     them, the entire claim made by the concerned authorities in this
     connection shal l be paid by the Contractor and Contractor shall keep the
     Employer fully indemnified in this connection.

54.2 The Contractor shall take all necessary precautions to avoid damage to any
     existing underground drains and services which may be encounte red in
     carrying out the works and most adequately protect, support and maintain
     such drains and services as required by the Designer's Representative.

54.3 The Contractor will be held entirely responsible for any damage to
     existing works, drains o r services which may occur during the execution
     of the Contract regardless whether the aforesaid damage was occasioned
     by the Contractor's negligence or otherwise.

55.0 CO-OPERATION AND ATTENDANCE

55.1 The Contractor shall give proper fa cilities to all sub -contractors and
     Nominated Sub -Contractors to enable their work to be carried out in a
     workmanlike manner and in correct order and sequence. The Contractor
     shall permit reasonable free use by above of hoists, scaffolding, ladders
     and the like.

55.2 The Contractors shall provide sub -contractors and Nominated Sub -
     Contractors with adequate free space for the sitting of offices and
     workshops and the storage of Constructional Plant and materials.
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55.3 The Contractor shall co -ordinate and integrates the work of sub -
    contractors and Nominated Sub -Contractors within the approved
    programmed for other works.

55.4 The Contractor shall give due notice to sub -contractors, Nominated Sub -
     Contractors and Nominated Suppliers as to when they will be required to
     commence work on site or deliver materials, equipment or plant to the
     site.

55.5    The Contractor shall agree with sub -contractors, Nominated Sub -
       Contractors and Nominated suppliers proper and accurate marking
       dimensions and o ther particulars regarding setting out and shall obtain full
       information as to their requirements in respect of builder's works. To this
       end he shall arrange any meeting between himself and the various sub -
       contractors, Nominated Sub -Contractors and Nominat ed suppliers at which
       the Designer's Representative shall be present in order that these matters
       may be fully discussed and understood by all concerned.

56.0 FIRST AID

56.1 The Contractor shall make his own arrangements for the treatment of
     minor inj uries on the Site and shall provide and adequate number of first
     aid kits so as to ensure that such inj uries are dealt with without delay.
     More serious inj uries or sudden illness shall be reported to the Designer's
     Representative and the Contractor s hall take such steps as are necessary to
     arrange for the prompt transfer of inj ured or sick personnel to the nearest
     hospital.


57.0 WATER FOR THE WORKS

57.1 At one point a water connection will be made available to the contractor
     for constructi on purpose and water will be supplied free of c ost.

58.0 ELECTRICITY FOR THE WORKS

58.1 The power for the plant and equipment of the Contractors shall be
     supplied by the employer at one place and will be supplied free of cost.

59.0 FIRE PRECAUTIONS

59.1 All work performed by the Contractor and his sub -contractors likely to
     give rise to fire hazards such as the use of naked flames in enclosed areas
     shall be carried out in such a way as to ensure the safely and protecti on of
     the works.

59.2 Where it is necessary to use any naked flames or welding equipment and
     where combustible materials are being used adequate protection shall be
     provided to all other adj acent materials and personnel. Suitable fire
     extinguishers shall be readily available at the positions where such work
     is proceeding.
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60.0 SHOP AND BUILDER’S WORK DRAWINGS

60.1 The Contractor shall prepare all shop drawings to the requirements of the
     Contract and shall submit it in the presc ribed form to the Designer for
     approval. A period of four weeks shall be allowed to the Designer for the
     checking of such drawings. Should the Contractor's proposals not prove
     acceptable to the Designer further submissions may be required and the
     Employer accepts no responsibility for any delay to the works which may
     be occasioned by the requirement to secure the Designer's prior approval
     of the aforesaid drawings before the commencement of construction on
     site.

60.2 Within a period of not exceed ing 15 days from the date of acceptance of
     his Tender, the Contractor shall prepare a programme of proposed
     completion dates for builder's work and shop drawings. Such programme
     shall take into consideration the requirement of the preceding sub -clause
     in respect of time for approval by the Designer and shall provide for all
     such drawings to be completed within the first four weeks of the Contract.

60.3 All builder's work and shop drawings prepared by the Contractor shall be
     based on the Designer's drawings, specifications and instructions shall
     take into account all drawings applicable to other trades and all
     modifications which may have taken place to the buildings and
     installations and shall be correctly related where appropriate to any
     specified plant and equipment.

60.4 The Contractor shall be responsible for any error, discrepancy or omission
     in any drawing prepared by him or on his behalf whether or not the
     Designer has approved such drawing.

61.0   ALTERNATIVE METHODS

61.1 If so desired, offers for alternative methods for carrying out the contract
     may be submitted by the tenderers in addition to those described in these
     tender documents. Alternative offers must include the salient features of
     the method proposed togethe r with a detailed breakdown of any omission
     or additions to the basic tender sum.



62.0   LIQUIDATED DAMAGES

62.1 The Contractor hereby agrees to carry out the work of construction with
   due care and in workman like manner and shall with due diligence and
   proper dispatch adhere to the time schedule and shall complete the
   construction work within the time stipulated subj ect to the clause of special
   risks. In the event of the Contractor failing to complete the work within the
   time stipulated hereinabove the contractor shall be liable to pay to the
   Employer damages at the rate mentioned in the memorandum of item rate
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tender and the Employer shall be entitled to deduct such amount payable by
the Employer to the Contractor. The aforesaid power of the Employe r shall
be in addition to any other power vested in the Employer and not in
substitution thereof.




   APPENDIX A

  FORM OF AGREEMENT
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     THIS AGREEMENT made this ...................... .... Day of ....................
     2010 between UCO BANK . (hereinafter called 'the Employer') of the one
     part and.................................................
     (Hereinafter called 'the Contractor' which term shall include his personal
     representative, s uccessors and permitted assigns) of the other part.

     WHEREAS the Employer has decided that the total interior work of
     proposed Branch Office for U CO Bank, MIRA ROAD (hereinafter
     referred to as 'the Works') shall be executed / carried out and has
     accepted the Tender by the Contractor for the execution, completion and
     maintenance of the works and

     WHEREAS the Contractor has deposited with the Employer the sum of
     Rupees …………................................................... ............................
     As an earnest money for the due fulfilment of this contract.

     Now therefore this Agreement witnesseth and the parties there to hereby
     agree as follow:

1.   In this Agreement and expressions sh all have the same meanings as are
     respectively assigned to them in the Conditions of Contract hereinafter
     referred to.

2.   The following documents shall be deemed to form and be read and
     construed as part of this Agreement, namely

     a. The said Tender

     b. The drawings

     c. The Conditions of Contract (General & Special) with attached
        Appendices.

     d. The Bills of Quantities (only in respect of the descriptions of work
     and               rates contained therein )

     e. Addenda to the Tender documents, if any.

     True copies of the above documents duly attested by the Executive of
     this Agreement are attached herewith for the purpose of identification.

3.   In consideration of the payments to be made by the Employer to the
     Contractor as hereinafter mentioned      the Contractor hereby covenant
     with the Employer to construct complete and maintain the works in
     conformity in all respects with the provisions of the contract.

4.   The Employer h ereby covenant to pay Contractor in consideration of the
     construction, completion and maintenance of the Works in Contract Price
     at the times and in the manner prescribed by the Contract.
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5.   In the event of any item of work not included in the s chedule, the owner
     agrees to pay to the contractor the actual cost of the item (cost of
     materials, labour and hire charge for plant and equipment) plus a
     percentage which shall include the contractor's overheads and profit @
     15% unless otherwise stated her e in under.

     [The contractor shall indicate here under
     the percentage of the overhead and profit
     expected by him as mentioned above]                  ……. %

     IN WITNESS whereof the parties hereto have cut their signature on the
     day and year first above wr itten.



     Signed for and on behalf of             Signed for and on behalf of
     The Contractor.                         The Employer.




Witness______________________
     Witness___________ __________

Witness______________________
     Witness_____________________

								
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